MARION, VA — A recent effort to access public information through the Marion Town Offices has prompted ongoing concerns about transparency, professionalism, and adherence to Virginia’s open government laws.
Leading up to the Marion Town Council meeting on Monday, June 2, 2025, residents who routinely receive digital copies of the council agenda and supporting documents noticed a change: only the agenda was distributed by email. The accompanying message stated:
“Due to the size of this meeting packet, I was unable to email the packet. If you would like a copy of the packet, please request and pick it up in my office before 5 p.m. today or anytime before the meeting on Monday.”
It was understood that the omitted packet likely included key materials—namely, a budget synopsis scheduled for public hearing on June 16, and the independent audit report prepared by Tucker Brandenburg & Co., which was reviewed during the June 2 council session. While these documents were distributed to council members and some others, including a reporter from a local newspaper, no copies appeared to be in the hands of the general public in attendance. This disparity raised questions consistency of information access.
During the meeting, references were made by the audit presenter to specific page numbers, suggesting that council members had full printed or digital copies of the audit at hand. No such materials appeared to be available to citizens present in the room, prompting concerns about equitable access and transparency.
Following the meeting, Three County News made multiple attempts to obtain copies of the audit and budget documents. An initial visit to Town Hall revealed some confusion about the process. A clerk, appearing unfamiliar with standard procedures, directed the request to be submitted formally under the Virginia Freedom of Information Act (FOIA) to Town Manager Billy Hamm. Other requesting citizens reportedly were told to visit Mark Fenyk who is the attorney who serves the town council and acts as their FOIA officer at his office down the street.
What began as a procedural exchange became more troubling when the legitimacy of the media request was reportedly questioned, and credentials were dismissed in a manner some most would consider unprofessional. A FOIA request was formally submitted to the Town Manager, explicitly referencing the materials discussed during the June 2 meeting.
The response from Mr. Hamm was brief: “Your request has been forwarded to the FOIA officer.” A follow-up inquiry to the FOIA officer yielded an identical response, contributing to mounting frustration over a lack of clarity or assistance.
Subsequent conversations with local business owners, including a visit to Cornett Jewelers—owned by Mayor Avery Cornett—indicated that similar concerns had been voiced by other citizens. Mayor Cornett expressed sincere concern and agreed the matter merited further attention. The Mayor was found to be dedicating a lot of his time during his work day to this issue and to other citizens who stopped by to inquire.
In the days that followed, Three County News also contacted the Virginia Municipal League, the Virginia FOIA Council, and several comparable localities to inquire about their standard practices for similar requests. The prevailing response emphasized a proactive approach to transparency. Many local governments, even prior to final budget approval, make relevant materials—such as drafts or summaries—readily accessible to the public as a matter of policy and public service.
Barriers to accessing public information—especially when documents have already been distributed or discussed at open meetings—can run counter to both the letter and spirit of Virginia’s FOIA laws. Selective distribution to preferred outlets while others are denied timely access undermines public trust.
A few days after the meeting, Todd Long responded promptly to a separate request for the agenda packet which had a “budget synopsis,” that included a general overview of the budget without detailed line items. This document had been part of the original June 2 meeting packet and was made available the same day it was requested by email.
Mr. Long also engaged in a cordial and professional detailed conversation about how budget-related requests are handled. Under Virginia Code § 15.2-2503, a locality’s proposed budget must be made available for public inspection at least seven days before the scheduled public hearing. Because the FY25–26 budget has not yet received formal approval, the complete version is not currently available. However, it will be released in accordance with state requirements prior to the public hearing. Mr. Long’s helpfulness and transparency are appreciated—though it’s worth noting he is not typically the first point of contact for in-person inquiries at Town Hall.
The prior events raise valid concerns about the consistency and professionalism of how some public records requests are handled in the Marion Town Offices. In a small town where trust and community engagement are cornerstones of governance, confusion, lack of access, or selective transparency—whether due to oversight, unfamiliarity with procedures, or other causes—can damage public confidence.
Transparency is not optional. It is both a legal obligation and a foundational principle of ethical governance. Marion’s citizens deserve access to the same information used by their elected officials to make decisions on their behalf. Anything less should be addressed—and improved—without delay.
